Delhi High Court Orders 'HERO' Mark Infringer To Pay ₹2.5 Lakh To NGO For Obstructing Court-Ordered Search

The Delhi High Court has directed a Sonipat-based manufacturer of motorcycle parts to pay a total of Rs 5 lakh after finding that it obstructed a court-ordered search in a trademark infringement case involving the “HERO” marks owned by Hero Investcorp Pvt. Ltd.

A single bench of Justice Tejas Karia passed the order on December 8, 2025, while dealing with an application alleging wilful disobedience of an earlier injunction, along with a suit seeking a permanent injunction against infringement of the “HERO” trademarks.

The court directed Kartar Industries to donate Rs 2.5 lakh to an NGO, HelpAge India, as a consequence of its contemptuous conduct during the execution of a commission appointed by the court. It also imposed a further Rs 2.5 lakh towards costs and damages and permanently restrained the company from engaging in counterfeiting activities in the future.

The contempt application arose from an ex parte ad-interim injunction granted on September 11, 2025, restraining Kartar Industries from manufacturing, selling or dealing in goods bearing the “HERO” mark or any deceptively similar mark. During the execution of a search by a Court-appointed Local Commissioner, large quantities of infringing spare parts and packaging material were found at the company's premises.

Hero Investcorp informed the Court that the execution of the commission was obstructed, with the Local Commissioner and the counsel accompanying the search allegedly being abused, manhandled and threatened. The court was also told that employees at the premises attempted to destroy infringing goods by throwing them into a metal burner and setting them on fire in the presence of the Local Commissioner.

Although Kartar Industries tendered an unconditional apology, the court held that the conduct could not be condoned merely on that basis.

It observed, “A Local Commissioner appointed by a Court is an officer of the Court and the Defendants cannot go scot-free after threatening an officer of the Court and interfering with the execution of the Commission.”

Taking note of the seriousness of the conduct, the court directed Kartar Industries to donate Rs 2.5 lakh to HelpAge India as a consequence of contempt.

Kartar Industries submitted that it had complied with the injunction order and undertook not to engage in any infringing activity in the future. On this assurance, Hero Investcorp agreed to the disposal of the suit, subject to costs and damages.

Referring to the ruling in Strix Ltd. vs Maharaja Appliances Ltd., which lays down principles for awarding notional damages where complete evidence is not led, the court directed Kartar Industries to pay Rs 2.5 lakh towards costs and damages, including losses suffered due to counterfeiting, investigation expenses, appointment of the Local Commissioner and the contempt proceedings.

The suit was accordingly decreed in favour of Hero Investcorp.